Philyabootz UE diary (please help)

[nightwatch]

we had 4 CC with barclaycard they never sent a valid CCA for any of them, either the address was wrong or no T&C's or not original one's, they are all SB now, Robsonway /Hoist don't seem to have noticed that tho, I just let them waste ther ink, paper and postage, NW

[Warwick65]

I would not take the fight to them but try to stop them bringing the fight to me. It took Lowell 5 years before they sent me a letter of claim from when i stopped paying. All my other debts are now Statute barred

I remember feeling quite hard done to when it seemed everyone else was being told their CCAs were unenforceable and most of mine weren't but as i have said, only one took me to court,

I should add though that i do not own property and did not have a significant income so taking me to court would have been fairly pointless- at £1 a month it would have taken them 10 years just to get the costs back let alone any of what they said I owed.

[Still Waving]

I wouldn't (didn't) write to say why I stopped paying either.

We don't look to go down the legal route. We try to use the legislation to prevent it going to a claim. That is where the researched knowledge and legal expertise on AAD come in. At the end of the day one can always come to an arrangement to pay, to prevent a claim going all the way to Court.

[philyabootz]

When I stopped paying my creditors I did it with the help of forum members, I only resorted to legal advice when I received a claim. I don't think I worte saying why I had stopped paying however once they started to write to me I did reply saying they were in default of a lawful CCA request and as such any alleged debt was unenforceable.

Generally , once the CCA requests are sent it is reaction only and never actually add exactly what is wrong just that it is wrong.

Thanks for the reply

What kind of letters/stage/claims does it get to before you look to go down the legal route?

I have a very good mortgage deal and I don't want this to be affected

Thanks

[Warwick65]

When I stopped paying my creditors I did it with the help of forum members, I only resorted to legal advice when I received a claim. I don't think I worte saying why I had stopped paying however once they started to write to me I did reply saying they were in default of a lawful CCA request and as such any alleged debt was unenforceable.

Generally , once the CCA requests are sent it is reaction only and never actually add exactly what is wrong just that it is wrong.

[philyabootz]

In which case, if it were me I would thi k about stopping payments. There is a risk however particularly with the large loan. If you feel nervous about stopping just stop the one that Niddy has said is UE.

Thanks for the reply. If I stop paying them and send a letter outlining the fact that they have failed to comply with CCA will they up the anti to get the original CCAs found?

Does anyone that is nervous about stopping paying pay to get any legal backing or go it alone with the help of this forum?

[philyabootz]

We do know, Phil has said in their Diary how much they are paying.

If it were me I would stop paying for now those that have not complied with the CCA request and if they write just respond with a ' you are in default of my lawful S77-79 request copy enclosed. Once you have satisfied me of the validity of this account I will be in touch'

That is just my opinion though

Is there a template to this type of letter I can use please?

[The Tech Clerk]

OK back to assisting then, hope poster appreciate that is all it was.

[Warwick65]

29/01/2018 Update

Webmaster has emailed twice with the CCA agreement pics and paperwork from PRA and he deems it still UE in his opinion

So I have 4 debts in total with one deemed UE and the other 3 no responses as of 6 weeks in

In which case, if it were me I would thi k about stopping payments. There is a risk however particularly with the large loan. If you feel nervous about stopping just stop the one that Niddy has said is UE.

[Warwick65]

No differ nce of opinion. Our I itial posts crossed. I just pointed out a misread by still waving, something many of us do. I think our opinions were pretty much the same.

[philyabootz]

Thanks for the message.

The Tesco Loan was since 2012 but I need to dig out the original paperwork to check the exact date? Does the date make a big difference?

The other debt was with Barclaycard right from the start

I have sent a copy of the CCA forwarded to me from PRA Group for webmaster@all-about-debt.co.uk to have a look over

Thanks

29/01/2018 Update

Webmaster has emailed twice with the CCA agreement pics and paperwork from PRA and he deems it still UE in his opinion

So I have 4 debts in total with one deemed UE and the other 3 no responses as of 6 weeks in

[The Tech Clerk]

we are here to assist people, might be an idea to start a thread for discussions and differences all in one place, sure the poster would appreciate assistance not difference of opinions which go on and on?

[Still Waving]

We do know, Phil has said in their Diary how much they are paying.

I stand corrected. Having seen the figures, my point is reinforced.

[Warwick65]

Hi



We don't know what sort of level of payment you are making to creditors at the moment, but if it is significantly above £1, then there is no point in reducing to £1 as they will likely start to chase you before long if you do. You might as well stop paying altogether rather than £1.

You could perhaps hang fire until you get Niddy's opinion on the agreement sent.

We do know, Phil has said in their Diary how much they are paying.

If it were me I would stop paying for now those that have not complied with the CCA request and if they write just respond with a ' you are in default of my lawful S77-79 request copy enclosed. Once you have satisfied me of the validity of this account I will be in touch'

That is just my opinion though

[Warwick65]

Oh to add- if you do stop paying, try, if possible to keep the money in a war chest so if they get heavy and you need to you can start paying again without too much hardship.